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iHd Congress, ' Doc. No. 141. " Ho. of Rkp>. 
2d Session. " 



ALABAMA— LEGISLATURE OK— TARIFF- NI LL1FICATION 
I 



February 25, 183 J. 

Read, and laid upon the tabic 



Report of the Select Committee oj the House of Representatives, to 
whom teas referred so much of the Message of the Governor tu relates 
to the tariff, to the principle of protection, and to the doctrine of 
nullification. 

The select committee, to whom was referred so much of the message of 
he Governor as relates to the tariff, to the principle of protection, and to the 
loctrine of nullification, have had the same under consideration, and have 
nstructed me to report a preamble and resolutions, which they respectfully 
ubmit to the House for its adoption. 

Your committee, deeply impressed with the present alarming crisis in our 
history, have given to the subject that profound consideration which its 
laramount importance so justly demands. So much has been said and writ- 
en on the subjects submitted to them, that they may be said to be exhaust- 
id, and they will, therefore, submit a very few brief remarks prefatory to 
he resolutions which they recommend to the adoption of the House. 

In a country of such vast extent as the United States, embracing such a 
ariety of soil, climate, and products, and inhabited by a people whose 
tursuits are as various as the climate under which they live, any attempt, on 
he part of the Government, to force manufactures into existence bv go- 
vernmental bounties, must, of necessity, operate unequally, and therefore 
>e unjust. 

If it be a trufh, not now to be questioned, that no government can justly 
ake from one portion of its citizens a part of their property to benefit 
nother, it is more especially unjust in a country like ours, composed of 
lifferent States, who are united in one common bond only for the purpose of 
troviding for ihe common defence, of promoting the general welfare, and 
ecuring the blessings of liberty to themselves and their posterity. For 
hese purposes this Union was formed, and it cannot be supposed that those 
vho consented to it intended, by implication and construction, to confer 
»n the General Government powers destructive of their happiness arid best 
nterests. Laws having this operation, and professing to derive their 
uthority from the constitution under which we live, being oppo.^ ' to 'he 
rue interests of every section of the republic, and unjust in their 
m the southern States, even if sustained by the letter of the con 
.re contrary to its spirit, and at war with the general scope and ten 
nstrument. 



% [ Doc. No. 141. ] 

It cannot be believed that, if the framers of the constitution had desigr 
the exercise of such a power as the right to create and protect domes 
manufactures by a system of high duties, that it would have been left to i 
ferenca or implication Its framers, therefore, could not have intended tl 
such a power should be exercised. This reasoning is founded on, and the 
resuhs drawn from, the instrument itself; but, in addition thereto, contei 
poraneous history informs us that, in the Convention which framed the co 
sthuiion, it was proposed in various modes to give that power to Congre; 
and refused. 

It i> the exercise of this power which a large majority of the south h 
lieve lo be against the spirit of the constitution, and no inconsiderable nur 
ber Contrary to its express letter; which has driven them to consider the 
Government as foreign to their interests, and alien to their feelings, inste; 
of looking up to it with pride and veneration as the world's last hope, at 
as the favorite resort of freedom. No inconsiderable portion of the south ha 1 
begun to estimate its value, and to contemplate even disunion itself as i 
evil less formidable than submission to the exactions of the Government. 

Ami now, 'at this feSrlul crisis, when one of our co-States has assumed tl 
alarming altitude of declaring an act of Congress void within her limits, an 
the note of preparation is sounded to sustain this altitude by force, wh; . 
shall Alabama do? Our answer is never to dispair of our country. We b( 
lieve that there is a vital energy, a living principle inherent in our institi 
tions, and a sense of justice residing in the bosom of our fellow citizen: 
which, when properly appealed to, must succeed We concede that 01 
northern brethren believe that they are acting within the pale of the const 
tution, but can it be believed that they will, by insisting on the obnoxiou 
duties, peril the union of these States, and make shipwreck of the last hop 
of mankind? Can any pecuniary benefit compensate for results like these 
If blued be shed in this unhallowed contest, a wound will be inflicted whic 
may never be healed: to confidence will succed distrust, mutual recrimina- 
tions, and mutual injuries: and the choicest blessings of Heaven, by th 
madness and foil} of man, will be converted into the most deadly poison. 

Deeply impressed with these views, we recommend the adoption of th 
following resolutions, which we are satisfied embody the opinions of ou 
constituents, and, in their name, }>roposeto our co-States a Federal Conven 
tion. 

Be it resolved by the Senate and House of Representatives of the Stat* 
of Alabama, in General Assembly convened. That we consider the pre 
sent tariff of duties unequal, unjust, oppressive, and against the spirit, trm 
intent, and meaning of the constitution; that, if persevered in, its inevitablt 
tendency will be to alienate the affections of the people of the southtn 
States from the General Government. 

And be it further resolved. That we do not consider the tariff of 1S3£ 
as fastening upon the country the principle ol protection: but that we re 
ceive it as the harbinger of better times — as a pledge that Congress will, a' 
no distant penod, abandon the principle of protection altogether, and re- 
duce the duties on imports to the actual wants of the Government, levying 
those duties on such articles as will operate most equally on ail sections ol 
the Union. 

And be it further resolved, That nullification, which some of our south- 
ern brethren recommend as the constitutional remedy for the evils under 
which we labor, is unsound in theory and dangerous in practice; that as a 



[ Doc. No. 141. ] 

remedy, it is unconstitutional and essentially revolutionary, leading in its 
consequences to anarchy and civil discord, and finally to the dissolution of 
the Union. 

And be it further resolved, That we earnestly entreat the people of this 
State not to distrust the justice of the General Government, and to restsatis- 
ied that, though long delayed, it will certainly he accorded to them. And 
ibove all things, to avoid those dangerous and unconstitutional remedies 
>roposed for their imitation and adoption, no matter how specious their ex- 
erior, which may lead to bloodshed and disunion, and will certainly end 
n anarchy and civil discord. And, at the same time, we would most 
olemnly adjure the Congress of the United States, in the name of our 
ommon country, to abandon the exercise of those dubious and constructive 
owers claimed under the constitution, the assertion of which has pro- 
uced jealousy, excitement, and disaffection to the Government, and, if per- 
evered in, will, in all human probability, dissolve this Union. I'y this 
leans, and by this alone, can we be prevented from fulfilling our high 
estinies, and our onward march to greatness be arrested. 

*lnd be it Jurther resolved, That as we have now, for the first time in 
ie history of our country, presented to us the appaling spectacle of one of 
u> States of this Union arraying herself against the General Government, 
id declaring sundry acts of Congress void and of no effect within her limits; 
resenting to Congress the alternative of repealing the obnoxious laws, or 
emitting her secession from the Union, and preparing by an armed force 
i sustain the position she has assumed; and as we cannot silently look 
i, and witness the failure of all the high raised hopes and just expectations 
'those patriots who cemented our liberty with their blood — Therefore as 
last resort, we recommend to our co States the calling of a Federal (on- 
SNTION, to meet in the city of Washington, on the 1st of March, 1834, or at 
rh other time and place as may be agreed on, which shall he authorized to 
■vise and recommend some plan which will satisfy the discontents of the 
uth, either by an explicit denial of the right of Congress to protect domes- 
: industry by duties on imports laid for protection, or by defining and re- 
•icting the power aforesaid within certain prescribed limits, and making 
h other amendments and altertions in the constitution as time and ex- 
rience have discovered to be necessary. 

Resolved, That the Governor be desired to transmit a copy of the forc- 
ing resolutions to the President of the United States, and to the Executive 
each of the States, with a request that the same may be communicated to 
: Legislature thereof. 

Resolved, further, That the Executive furnish a copy of said resolutions 
each of our Senators and Representatives of this State in the Congress of 
United States. 

SAM'L W OLIVER, 

Speaker of the Ho. Rem. 
LEVIN POWELL, 

President of the Senate. 
Vpproved, 12th January, 1833. 
JOHN GAYLE 









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